24 Hour Fitness USA v. Jonckowski
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. Accordingly, IT IS HEREBY ORDERED that 24 Hour Fitness's Petition to Compel Arbitration (doc. 1) is DENIED and Jonckowski's Motion to Dismiss (doc. 9) is GRANTED: this matter is DISMISSED WITHOUT PREJUDICE. Signed by Judge Richard F. Cebull on 9/24/2012. (ACL, )
SEP 2 ~ 2012
PATRICK E. DUFFY CLERK
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
24 HOUR FITNESS USA, INC.,
dba 24 HOUR FITNESS,
ORDER ADOPTING FINDINGS
AND RECOMMENDATIONS OF
U.S. MAGISTRATE JUDGE
United States Magistrate Judge Carolyn Ostby has entered Findings and
Recommendation with respect to 24 Hour Fitness's Petition to Compel Arbitration
(doc. 1) and Jonckowski's Motion to Dismiss (doc. 9). Judge Ostby recommends
this Court dismiss this action without prejudice under the "first to file" rule
because Jonckowski filed a nearly identical action in the Northern District of
California before this action was filed. See Pacesetter Systems, Inc. v.
Mediatronic, Inc., 678 F.2d 93,94-95 (9th Cir. 1982).
Upon service of a magistrate judge's findings and recommendation, a party
has 14 days to file written objections. 28 U.S.C. § 636(b)(1). Although 24 Hour
Fitness did not file formal objections, it did notifY this Court that on July 5, 2012,
Judge Samuel Conti of the United States District Court for the Northern District of
California, who is presiding over the previously-filed action, precluded 24 Hour
Fitness from proceeding in this Court. Doc. 17. 24 Hour Fitness nonetheless asks
this Court to stay these proceedings until Judge Conti's Order becomes final.
In any event, the finality of Judge Conti's Order is irrelevant to whether
Judge Ostby correctly recommended that this Court decline jurisdiction over this
action. The fact is, Jonckowski's similar action was filed first in a court that is
more familiar with the parties' dispute. Judge Ostby's recommendation promotes
the interests of federal comity and judicial efficiency. It is therefore adopted in its
Accordingly, IT IS HEREBY ORDERED that 24 Hour Fitness's Petition
to Compel Arbitration (doc. 1) is DENIED and Jonckowski's Motion to Dismiss
(doc. 9) is GRANTED: this matter is DISMISSED WITHOUT PREJUDICE.
The Clerk of Court is directed to notifY the parties of the entry of this Order
and close this case.
2Lf day of September, 2012.
CHARD F. CEBULL
UNITED STATES DISTRICT JUDGE
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